By Cat Mulligan. Last Updated 26th April 2023. If you have been harmed in a motorcycle accident that was due to another’s negligence, you could potentially claim motorcycle accident compensation.
When using the roads, all road users have an equal duty of care to adhere to the standards of care and skill set in The Highway Code. If someone breaches this duty of care, others could come to harm in accidents.
The Government considers motorcyclists to be one of the more vulnerable road users. This is because they are often more difficult to see on the roads and do not have the protection of the metal body of a car. Motorcycle accidents could lead to more severe injuries, such as brain damage or fractured bones.
Read on to find out how you could claim motorcycle accident compensation. You could also get in touch with our advisors directly for free legal advice regarding your case.
If you call our advisors, and your case could have a good chance of success, they could connect you with a solicitor from our panel. The solicitors on our panel are highly qualified and could help you start your motorcycle accident compensation claim today.
Select A Section
- When Could You Claim Motorcycle Accident Compensation?
- Motorcycle Accident Statistics
- What Evidence Could Support My Case?
- How Do I Make A Motorcycle Accident Claim?
- Motorcycle Accident Compensation – How Much Could You Receive?
- Start My No Win No Fee Motorcycle Accident Compensation Claim
If you’ve been in a motorcycle accident, it is important to note that you could only claim if you have suffered a personal injury and could prove that someone breached their duty of care to you. This guide will later detail what evidence types could help you prove negligence has occurred.
You could also potentially claim as a pedestrian if you have been hit by a motorcycle and harmed. Motorcyclists should have insurance, which means you could claim compensation from their insurance company for any damage caused.
Some types or causes of motorcycle accidents could include:
However, this list is not exhaustive. If your motorcycle accident occurred some other way, you could potentially still claim motorcycle accident compensation. Why not reach out to our advisors for free legal advice today?
The Department for Transport is a branch of the Government that collates statistics on road traffic accidents in Great Britain. According to their road casualty statistics, in 2020, 4,429 motorcyclists were reported as seriously injured, whilst 8,890 motorcyclists were slightly injured. The statistics also show that 285 motorcyclists died in road traffic accidents in 2020.
The graph below shows the contributory factors attributed to motorcycle collisions between 2015-2020. The contributory factors are reported by police officers who are likely to have attended a scene after the accident has already happened. This means they may not always have the most accurate understanding of what has caused an accident.
If you’ve come to harm in a motorcycle accident that was the fault of another, you may consider starting a claim for motorcycle accident compensation. To make a valid claim, you will need to evidence that another road user breached their duty of care, leading to an injury or injuries.
You don’t need a solicitor to help you with this, but it may be helpful to use the services of one. Our panel has the requisite experience with personal injury claims to know what evidence types will give your case the best chances of success. This could include:
- CCTV footage of the accident
- Photographs of the accident or your injuries
- Medical records
- Accident report records, such as to the police
- Contact details of witnesses
However, there may be other types of evidence that could help your claim. If you get in touch with our advisors and you are passed to a solicitor from our panel, they could help you gather the best evidence you have for your case.
Like all types of personal injury claims, you must start your motorcycle accident compensation claim within a certain time period. Time limitation periods for personal injury claims are set out in the Limitation Act 1980. Your claim will likely be time-barred if you attempt to start it after this period. However, there are a few exceptions that we can look at in this section.
Generally, personal injury claims have a time limit of 3 years from the date of the accident or the date of knowledge. The date of knowledge is defined as the date from which you became aware that your injuries were caused by someone else’s negligence. For example, if you were in a motorcycle accident, it’s possible you could suffer internal damage that you may not be aware of until much later.
However, there are exceptions for those under the age of 18 or those with diminished mental capacity.
A minor can have someone start a personal injury claim on their behalf at any time until their 18th birthday. This person would be a litigation friend. A litigation friend is an eligible adult who can make a child injury claim on the minor’s behalf and makes decisions in the child’s best interests. Once the claimant turns 18, they have the usual 3 years to start a claim.
The claiming process is similar for those with diminished mental capacity. The court will require a litigation friend to claim on their behalf. However, the key difference is that the time limit is suspended indefinitely until they have recovered, if applicable. Once recovered, the usual 3 years applies from the date of recovery.
Motor Insurers’ Bureau
It is still possible to claim motorcycle accident insurance if the faulting party was uninsured or untraceable. You could claim through the Motor Insurers’ Bureau (MIB). This body aims to compensate the victims of negligent untraceable, or uninsured motorists.
This could include if the police could not find the faulting party after a hit-and-run accident. The MIB can help you claim compensation for any injuries and could also help with costs of rehabilitation if necessary.
Call our advisors now to find out more about the MIB and how a solicitor from our panel could help you make this type of claim.
Motorcycle accident compensation can be split into two heads: general damages, and special damages.
General damages is the head of your claim that addresses your injuries, both physical and psychological, and the ways they affect you. When calculating the value of this head, solicitors and other legal professionals often reference the Judicial College Guidelines (JCG). The JCG provides guideline compensation brackets for different illnesses and injuries, some examples of which you can see below. However, it’s important to remember that these figures are only guidelines.
Injury Severity Amount Notes
Brain Moderate (ii) £85,150 to £140,870 Moderate to modest intellectual defecit, personality changes, effected sight, speech and senses with a significant risk of epilepsy.
Chest (G) Up to £3,710 Rib fractures and soft tissue injuries that cause pain and disability for a period of weeks.
Neck Moderate (ii) £12,900 to £23,460 Soft tissue, wrenching injuries and disc lesions of the more severe type. These may result in serious limitation of movement, permanent pain, discomfort and the possible need for further surgery or increased vulnerability. Could also cover injuries that have exacerbated a pre-existing condition.
Pelvis & Hips Severe (iii) £36,770 to £49,270 This could be fractures that lead to degenerative changes and leg instability. There may be the likelihood of a hip replacement in the future.
Arm Amputation (ii) £102,890 to £122,860 Above-elbow amputation.
Hand Serious £27,220 to £58,100 Hand functionality will be at about 50%. Several fingers may have been amputated but reattached, leaving it clumsy or unsightly.
Severe leg injuries Moderate (iv) £26,050 to £36,790 Complicated or multiple fractures or crushing injuries, generally to a single limb.
Knee Severe (i) £65,440 to £90,290 A disruption of the joint or severe ligament damage that results in extensive treatment, considerable pain and loss of function.
Foot Modest Up to £12,900 Simple fractures, ruptured ligaments or puncture wounds. There will be continuous symptoms, such as a limp, pain and aching.
Face (b) £13,970 to £22,470 Multiple fractures of facial bones that result in a permanent facial deformity of some kind.
Some successful motorcycle accident claims will also result in special damages. This head of claim addresses the financial losses that are caused by your injuries, for example:
- Medical bills
- Travel costs
- Lost earnings
- Mobility aids
In order to claim under this head, you need to provide evidence of your losses, so it can be a good idea to keep any relevant invoices or receipts.
For more information on the road traffic accident claim process or to learn more about compensation in motorcycle accident claims, get in touch with our team of advisors today.
Will I Need A Medical Assessment?
You will be invited to attend an independent medical appointment as part of the claims process. This is so that a medical professional can assess the severity of your injuries and how they may affect you in the future. They’ll also be able to establish whether the injuries are consistent with those that such an accident would cause. A more accurate estimate of general damages can be made from this assessment.
Our panel of solicitors try to arrange this for you in your area to reduce the costs and hassle of travelling.
What Other Damages Could I Get?
Special damages could also be included in your compensation. This aims to recompense you for any financial losses that have occurred as a direct result of your accident or injury. Special damages also cover financial losses for the future. This can include:
- Loss of earnings
- Property damage if it exceeds the insurance
- Medical treatments not covered by the NHS
- Independence aids such as a wheelchair
- Adaptions to the home where necessary
- Travel costs (such as to and from appointments)
To claim this as part of your compensation, you need to prove that your losses directly resulted from your accident or injury. You could provide receipts to show travel costs or invoices for independence aids, for example.
If you claim motorcycle accident compensation after suffering an injury, you may wish to hire a solicitor. They should have extensive knowledge of every step of the claims process and could guide you to success. But you may be concerned about funding a solicitor’s work.
A solicitor could offer legal representation on a No Win No Fee basis. Essentially, your solicitor won’t request their fee if your claim is unsuccessful. You also do not need to be concerned about upfront or ongoing solicitor fees.
Under a No Win No Fee agreement, your solicitor would take a success fee if your claim is a success. Your solicitor will only deduct this fee once your compensation is fully paid. The success fee is also legally capped. The legal cap benefits you, as it means you get the majority of your compensation.
Get in touch with our advisors now to find out more about how No Win No Fee could work for you. They could connect you to a solicitor from our panel, who could help you claim motorcycle accident compensation.
Sources Related To Motorcycle And Bike Accidents
We hope our guide on claiming motorcycle accident compensation answered your questions. For further related sources, please see below.
Can I Make A Pedestrian Claim After Being Run Over? – If you’ve been run over as a pedestrian, this article can help you understand how to claim.
How Long After A Road Traffic Accident Do You Have To Claim? – Read our helpful guide on the time limits attached to road traffic accident claims.
Motorcycle Death Claims – If a loved one has been involved in a fatal motorcycle accident, this article will explain how you could claim compensation.
Think! – A road safety campaign backed by the Government.
Potholes and Road Defects on England’s Motorways – More information on potholes and road defects in the UK.
British Biker Relief Foundation – This registered UK charity aims to support motorcyclists and their families after life-changing injuries caused by a motorcycle accident.
If you need any more help with motorcycle accident compensation, why not get in touch?
Article by AO